Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petitioners’ applications for anticipatory bail.
Summary
The petitioners – Manish Kumar, Sanjay Kumarr and Raushan Kumar in one case and Mahesh Kumar in another – sought anticipatory bail after an FIR was lodged under Sections 126, 115(2), 352, 351(2), 109, 3(5), 74 and 303 of the Bharatiya Nyaya Sanhita, 2023, alleging they assaulted the informant’s side with weapons in a land‑dispute scuffle. The prosecution alleged nine accused attacked the informant’s party, causing injuries. The petitioners contended they were innocent, that the incident was a mutual scuffle arising from a land dispute, and highlighted a case‑and‑counter‑case scenario with clean antecedents for most of them. The State and the informant opposed bail, arguing seriousness of the offences. The High Court, after hearing, declined to grant anticipatory bail, but permitted the petitioners to surrender within four weeks for the trial court to consider a surrender‑cum‑bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault and land‑dispute context
- Whether the existence of a case and counter‑case and the petitioners’ antecedents warrant bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126, 303, 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- case and counter case
- Bharatiya Nyaya Sanhita
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76256 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- Gehlaur District- Gaya
======================================================
1. Manish Kumar S/O Siya Sharan Prasad R/O Vill. - Amba Bigha, P.O.-
-Rajwara, P.S.- Gehlaur, Dist.- Gaya
2. Sanjay Kumarr S/O Arjun Prasad Yadav R/O Vill. - Amba Bigha, P.O.-
Rajwara, P.S.- Gehlaur, Dist.- Gaya
3. Raushan Kumar S/O Siya Sharan Prasad R/O Vill. - Amba Bigha, P.O.-
Rajwara, P.S.- Gehlaur, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80452 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- Gehlaur District- Gaya
======================================================
Mahesh Kumar Son of Lalan Prasad Yadav @ Lalo Yadav Resident of Village
- Amba Bigha, Police Station - Gehlaur, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76256 of 2025)
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the State : Mr. Rajiv Nayan, A.P.P
For the Informant : Mr. Ajay Kumar Singh, Advocate
Ms. Sanjana, Advocate
Ms. Anjali Kumar Sinha, Advocate
(In CRIMINAL MISCELLANEOUS No. 80452 of 2025)
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the State : Mr. Anuj Kumar Shrivastava, A.P.P
For the Informant : Mr. Ajay Kumar Singh, Advocate
Ms. Sanjana, Advocate
Ms. Anjali Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners, learned
A.P.P for the State and learned counsel for the informant in both
the cases.
Patna High Court CR. MISC. No.76256 of 2025(3) dt.19-03-2026
2/3
2. The petitioners of both the cases are apprehending
arrest in connection with Gehlaur P.S. Case No. 32 of 2025
lodged on 17.04.2025, for the offence punishable under Sections
126/115(2)/352/351(2)/109/3(5)/74/303 of the Bharatiya Nyaya
Sanhita, 2023, pending in the Court of Judicial Magistrate 1st
Class, Gaya.
3. As per the prosecution, FIR has been lodged against
nine named accused persons. It has been alleged in the FIR that
all the accused persons armed with gadasa, khanti, iron rod etc.
came and abused the informant’s side and also assaulted them,
due to which injury has been caused.
4. Learned counsel for the petitioners of both the
cases submits that the petitioners are innocent and have
committed no offence. Counsel submits that the scuffling took
place between both the parties due to land dispute. Counsel
further submits that for the same date and place of occurrence,
there are case and counter case from both the sides, i.e. one case
has been lodged from the petitioners’ side bearing Gehlaur P.S.
Case No. 31 of 2025 and the present case has been lodged from
the informant’s side bearing Gehlaur P.S. Case No. 32 of 2025.
Counsel also submits that the petitioner no.1 of first case has
clean antecedent and petitioner nos.2 & 3 have one criminal
Patna High Court CR. MISC. No.76256 of 2025(3) dt.19-03-2026
3/3
antecedent each in which they are on bail. The petitioner of
second case has clean antecedent.
5. Learned APP for the State and learned counsel for
the informant vehemently opposes the prayer for bail of the
petitioners of both the cases.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioners of both the cases.
Accordingly, the prayer for anticipatory bail of the petitioners of
both the cases are hereby rejected.
7. Liberty is hereby granted to the petitioners of both
the cases that if, they surrenders before the concerned Trial
Court within a period of 4 weeks from today then in that case,
the Trial Court is directed to pass order on their surrender-cum-
bail application on the same day considering that scuffling took
place from both the sides and there are case and counter case,
without being prejudice that the anticipatory bail of the
petitioners have been rejected by this Court. The Trial Court
shall pass order on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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